passage or assigned or attached to anembarked staff, unit, detachment, squadron,team, air group, or other regularly organizedbody.The key timefactor in determiningwhether or not a person has the right todemand trial by court-martial is the time ofthe imposition of the NJP and not the time ofthe commission of the offense. There is nopower for a CO or an OIC toa civilian.OFFENSES PUNISHABLEARTICLE 15, UCMJimpose NJP onUNDERArticle 15 gives a CO power to punishindividuals for minor offenses.The termminor offense has been the cause of someconcern in the administration of NJP.Article 15, UCMJ, and part V, par. 1e,MCM, say that the term minor offense meansmisconduct normally not more serious thanthat usuallyh a n d l e d a t a s u m m a rycourt-martial (SCM) (where the maximumpunishment is 30 days confinement). Thesesources also say that the nature of the offenseand the circumstancessurroundingitscommission are also factors that should beconsidered in determining whether an offenseis minor in nature.The term minor offense ordinarily does notinclude misconduct that, if tried by a generalcourt-martial (GCM), could be punished by adishonorable discharge (DD) or confinementfor more than 1 year. The Navy and MarineCorps, however, have taken the position thatthe final determination of whether an offenseis minor is within the sound discretion of theCO.Cases Previously Tried in Civil CourtSections 0108b and 0124c(2) of theJAGMAN permit the use of NJP to punish anaccused for an offense that he or she has been(1) tried (whether acquitted or convicted) bya domestic or foreign civilian court, (2)diverted out of the regular criminal processfor a probationary period, or (3) adjudicatedby juvenile court authorities. This is true onlyif authority is obtained from the OEGCMJ(usually the general or flag officer incommand over the command desiring toimpose NJP).NJP may not be imposed for an act triedby a court that derives its authority from theUnited States, such as a federal district court.Cases in which a finding of guilt orinnocence has been reached in a trial bycourt-martial cannot be taken to NJP.Off-Base OffensesCOs and OICs may dispose of minordisciplinary infractions that occur on base oroff base at NJP. Unless the off-base offenseis a traffic offense or one previouslyadjudicated by civilian authorities, there is nolimit on the authority of military commandersto resolve such offenses at NJP.In areas not under military control, theresponsibility for maintaining law and orderrests with civil authority. The enforcement oftraffic laws falls within the purview of thisprinciple. Off-duty, off-installation drivingoffenses, however, show inability and lack ofsafetyconsciousness.Such drivingperformance does not prevent the use ofnonpunitive measures that could includedenial of on-installation driving privileges.THE NJP PACKAGEThe NJP package, as we will refer to it,includes numerous documents and formsalong with any evidence on the case. As wewill discuss, strict compliance with filling outthe forms is essential to a proper NJPproceeding.9-4